71Criteria for grant of approval in principle

71 Criteria for grant of approval in principle S. 71(1) amended by No. 46/1998 s. 7(Sch. 1). (1) In determining whether to grant or refuse to grant approval in principle relating to a health service establishment, the Secretary must consider— (a) in the case of an application for approval of the use of land or premises— (i) any relevant guidelines under Part 2; and (ii) the suitability of the location of the land or premises for the carrying on of the establishment having regard to the availability of other community services and the safety and amenity of the environment; and (iii) whether the carrying on of an establishment may result in more than adequate health services of any kind becoming available in an area as defined in the guidelines under Part 2; and S. 71(1)(a)(iv) inserted by No. 99/1995 s. 14(3)(a). (iv) if design sketches have been supplied, whether the design of the premises to be constructed, or of the alterations or extensions, are satisfactory having regard to the type of health service establishment to be carried on in the premises; and S. 71(1)(a)(v) inserted by No. 55/2006 s. 6(1). (v) the security of tenure which the applicant holds over the land or premises; and S. 71(1)(b) repealed by No. 99/1995 s. 14(3)(b), new s. 71(1)(b) inserted by No. 55/2006 s. 6(2). (b) if the applicant is or was previously a proprietor, or is or was previously a director of a body corporate that is or was previously a proprietor, of any other health service establishment, or is or was previously associated with any other health service establishment in a managerial capacity— (i) the extent and nature of the applicant's involvement in the other health service establishment; and (ii) the number of complaints, if any, that have been brought within the previous 3 years by or on behalf of residents of the other health service establishment (regardless of who received the complaints) and how the complaints have been dealt with; and (iv) the applicant's compliance with any reporting requirements under this Act that relate to the other health service establishment; and (v) whether the applicant has carried on the other health service establishment in accordance with this Act, the regulations and, if the establishment is registered under this Act, any conditions to which the registration of the establishment is subject; and (vi) whether the applicant has been convicted or found guilty of an offence under this Act or the regulations in relation to the other health service establishment; and (vii) the capacity of the applicant to meet any requirements for the registration under this Act of the other health service establishment; and (c) in the case of an application for variation of the registration of the health service establishment— (i) any relevant guidelines under Part 2; and (ii) the suitability of the location of the land or premises for the carrying on of the establishment having regard to the availability of other community services and the safety and amenity of the environment; and S. 71(1)(c)(iii) amended by No. 99/1995 s. 14(3)(c). (iii) whether variation of the registration may result in more than adequate health services of any kind becoming available in an area as defined in the guidelines under Part 2; and S. 71(1)(c)(iv) inserted by No. 99/1995 s. 14(3)(c), amended by No. 52/2017 s. 34(1). (iv) if design sketches have been supplied, whether the design of the premises to be constructed, or of the alterations or extensions, are satisfactory having regard to the type of health service establishment to be carried on in the premises; and S. 71(1)(d) inserted by No. 52/2017 s. 34(2). (d) in relation to an application made under section 70(1), whether— (i) any relevant planning permit has been issued; and (ii) the design of the premises proposed to be constructed is satisfactory, having regard to the kind of health services to be provided at, or from, the premises; and (iii) the plans for the proposed premises comply with the health service establishment premises guidelines; and S. 71(1)(e) inserted by No. 52/2017 s. 34(2). (e) whether the applicant has met the prescribed requirements in relation to health service establishments. S. 71(2) amended by No. 46/1998 s. 7(Sch. 1), substituted by No. 55/2006 s. 6(3). (2) The Secretary must not grant approval in principle for the use of land or premises as a health service establishment or for the variation of the registration of a health service establishment if the Secretary considers that— (a) the person (whether a natural person or a body corporate) who is or is likely to be the proprietor of the health service establishment is not likely to have, or to continue to have, the financial capacity to carry on the health service establishment, or to carry on the health service establishment if the registration is varied; or (b) if the person who is or is likely to be the proprietor of the health service establishment— (i) is a natural person, that person is not a fit and proper person to be such a proprietor, or to be a proprietor of the health service establishment if the registration is varied; or (ii) is a body corporate, that any director or other officer of the body corporate who exercises or may exercise control over the health service establishment is not a fit and proper person to be such a proprietor, or to be a proprietor of the health service establishment if the registration is varied, or to exercise such control. S. 71(3) inserted by No. 99/1995 s. 14(4), amended by No. 46/1998 s. 7(Sch. 1). (3) If construction drawings, plans or specifications have been supplied, in determining whether to grant or refuse to grant approval in principle relating to a health service establishment, the Secretary must consider whether the standard and style of construction work proposed is satisfactory having regard to the type of health service establishment to be carried on in the premises. S. 71(4) inserted by No. 49/2010 s. 223. (4) In this section, ***other health service establishment*** includes a supported residential service.